colormeruby

MIDLAND FUNDING has not answered discovery, interrogs, or admits WHAT NEXT?

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EXHIBIT B is a "bill of sale" which is identical to a document that someone else posted that was rejected by a judge just recently. I am still looking for that link in my bookmarks and if you know where it is please let me know. I believe this is a completely fraudulent letter

QUESTIONS

1. Is this a valid document?

2. How does the letter state in its TEXT "exhibit b" , when it has clearly been signed "years" before they filed this complaint in march 2010?

3. This letter refers to "does hereby sell, assign and convey to Buyer, its successors and assigns, all right, title and interest of Seller in and to those certain accounts as defined in the agreement and as set forth on Exhibit Bto the agreement, without recourse and without representation of or warranty of collectiblity, or otherwise, except to the extent provided for within the agreement." HOW FREAKING VAGUE !!!WHAT ARE THE CONDITIONS OF THIS "AGREEMENT"??? How do I get this information from them?

6.What does this entire document really say?

Edited by colormeruby
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Can someone please help with the interpretation of this Federal Rule 17?

They admitted in their responses that Bank of america was not the real party interest in this case though Bof A is listed on the docket as being represented by greene and cooper, and listed on the complaint and other paper work. How can I use this to my advantage?

Pursuant to FR Civ P, Rule 17(a), an action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:

1) an executor;

2) an administrator;

3) a guardian;

4) a bailee;

5) a trustee of an express trust;

6) a party with whom or in whose name a contract has been made for another’s benefit; and

7) a party authorized by statute.

If a statute requires all actions to be prosecuted in the name of the real party in interest, the assignee of a chose in action to enforce a claim can sue in his or her own name since the assignee is the real party in interest. When the assignee is the only real party in interest within the meaning of a statute, the assignor is prohibited from suing on the assigned claim. However, in the case of a partial assignment, the assignee owns the part assigned to him or her and the assignor owns the balance. Consequently, each is the real party in interest as to his or her part of the claim and should sue separately subject to the rule prohibiting the splitting of a cause of action. In the case of an assignment of a collection or a security, the assignee can sue in his or her own name on an assigned account or chose in action, although he/she must account to the assignor for the proceeds of the action.

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Send them a sternly worded letter advising them they need to reply to your discovery. I'd give them 7 days to provide the responses to your disc.

After that, I'd file a motion to compel or maybe a motion to deem admissions as admitted, and then follow up with MSJ or dismissal.

They do not GET additional time. You do not give them additional time. Only the Court can give them additional time.

You will have a hearing on your final issue. Object to any evidence they may try to present because it was not furnished in a TIMELY response to discovery. THey will have no evidence against you. Ask the Court for a Dismissal WITH prejudice.

What is this sternly worded letter crap????

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Unless they can prove in court that they actually bought YOUR account and have detailed information regarding YOUR account they have no proof.

It costs Collection Agencies additional money to buy the details. Usually they just buy the names and and the contractual paper with your Original Creditor.

They cannot provide the details regarding your original debt and how it was transferred to them.

They cannot sustain their claim.

If they try to introduce anything into evidence not previously furnished to you move to exclude.

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THANKS Redlinehome for responding.

I sent 2 letters Stating they were past their deadline and to send discovery Immediately. I know they did not even start to work on this until after the 2nd letter was sent because the stuff they printed off the internet was dated AFTER they received the 2nd letter.

So they still have not complied with interrogatories as of yet.

When filing a motion to strike evidence do you detail each piece?

thanks ahead of time for your input! I would love to hear what some more people think!

Edited by colormeruby
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Either they produce in time or they do not.

Why are you sending them letters? Are you AGREEING to give them additional time?

Why would you do that?

During the trial show they court you requested the documents, they were not produce and now, during the trial they have no evidence.

Move to strike any evidence they attempt to admit that was requested and not produced.

If they have no evidence, they have no case. Move for dismissal with prejudice.

That's their problem if they cannot get their client to answer. You get thirty days. You agree to give them more time or they file a Motion with the Court and ask for additional time.

That's it.

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You can get any pleading you want online. Get a Pacer Account. Search your defendant's name.

Do a Search for my name "Redlinehome" and read my postings in this forum regarding Midland. I think this is a sticky. Here is one of the postings in that chain:

In Federal Court all pleadings can be found online.

Link Here: https://pacer.login.uscourts.gov/cgi...court_id=00idx

Set up an account at the Pacer Website and look at what has been done in your jurisdiction. Anyone can have a Pacer Account. You do not have to be an attorney. Do not loose your password. It will only be sent by mail, ugh. Put it in a safe place.

You will find U.S. District Courts and Bankruptcy Courts here.

Downside is that there is a charge of ten cents a page.

Upside ... a lawyer costs a lot more than that.

There is a Plantiff Defendant Index.

Just type in the Plaintiff's name and look for pleadings. You don't pay the ten cents until you look at the actual pleading. You can review the docket for free. By looking at the disposition of the case and the nature of the pleadings at the online docket (which is a listing of electronic pleadings filed) you will get a pretty good idea of who was successful

Type in Experian ... or any of the Credit Reporting Agencies. Always look at the Motions for Summary Judgment. This will give you a good view of what's hot in these cases.

You will get a pretty good idea of which JDB has had the table turned on them with a Counterclaim or Motion for Sanction. How the Business REcord Affidavit was filed and the Motion for SUmmary Judgment should be full of legal precedent for your jurisdiction. You will probably find the very pleadings you might need and can observe successful challenges in your jurisdiction.

You do not have to reinvent the wheel.

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You do not have to reinvent the wheel.

Well that's GREAT, cause I really do hate inventing wheels.:D

Thanks for all the valuable info. I will get right on that. Can these cases that you are talking about be looked up at my clerks office or at the law library? It has become a second home and I have no money, but lots and lots of time seeing how I am unemployed. I have already been reading on cases here in GA, but no actually pleadings just overviews. I would actually like to see some of them especially the ones in Ga with Mann Bracken/Midland. I will certainly search your posts today too as I love to read. I really do appreciate your help, and will follow through.;)

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Link Here: https://pacer.login.uscourts.gov/cgi...court_id=00idx

Set up an account at the Pacer Website and look at what has been done in your jurisdiction. Anyone can have a Pacer Account. You do not have to be an attorney. Do not loose your password. It will only be sent by mail, ugh. Put it in a safe place.

You will find U.S. District Courts and Bankruptcy Courts here.

Downside is that there is a charge of ten cents a page.

Upside ... a lawyer costs a lot more than that.

There is a Plantiff Defendant Index.

downside: pacer can and will get expensive when used multiple times. i had to stop using it, but i did download multiple pages that were great to look at. firefox has a pacer plug-in that is supposed to help save money. look into it if you decide to get a pacer account.

upside: the upside is unlimited. pacer is great

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Okay, I have been doing some VERY extensive reading today and it has come to this question

Motion to dismiss or motion to Summary judgment?

I am currently working on motion to strike.

Is there also some way to document with the court the errors on their documents including:

A) different interest on the court claim docket ($700) from the first "exhibit A" listing owed interest as $300

B)They have given the court 2 documents entitled "exhibit A"

OR do I use this against them in my motion to strike all their evidence?

They have already admitted that XXXXXXis not the real party in interest yet they continue to use their name.

According to one of the moderators on this site, since they brought this suit on in the name of XXXXXX, and have listed that hey represent them, that this constitutes fraud and should be reported to the Ga bar. GA Law states that this ALONE cannot get a case dismissed, that the plaintiff can still have time to divulge the real party. I am still going to use it in either the MSJ or MTD.

They have also included in their evidence as a response to my requirement of "proof of service more than 30 days prior to filing this lawsuit" BTW, I have never seen any of this.

(1)One statement from MCM stating they bought the account and want payment, (not an OC statement, or anything with a signature)it includes a "payment slip" for me to just "send it right in to them", dated 2008

(2)A letter from the CA representing midland, wanting payment and warning me that interest MAY still be accruing, dated nov 5, 2009, Yours truly, NOT SIGNED BY ANYONE

(3)Almost the same letter as above only it states that This CA has taken over for another CA and all future payments should be directed to them, dated one day later than the above letter Nov, 6, 2009 ALSO NOT SIGNED BY ANYONE

If I understand what I am reading properly, this would not constitute as an original document or a copy of one since there is no one to attest to the validity of such a document. It would also be hearsay as it is based off of information from a third party. IS THIS RIGHT?

Edited by colormeruby
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pleadings are public records whether they are online or filed in the office of the court clerk == district court, small claims court, county court, federal court.

sometimes the clerks assistants will help you find cases. in larger counties these pleading are computerized and you can search by plaintiff's name.

motions for summary judgment typically have rigid time frames and trigger dates. once you file it opposing counsel must answer within 21 days. motions to strike do not have a time frame trigger date and will typically be ruled on by the court in a pretrial hearing. small claims courts do not have pretrial hearings. so motions to strike get ruled on at the trial.

the advantage to the motion for summary judgment is the trigger date and the fact that plaintiff must answer within 21 days.

if you have the intellectual ability to prepare a motion for summary judgment go for it. put them on that rigid 21 day time frame. i promise you they do not want to work that hard.

Edited by Redlinehome
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ColorMeRuby,

You mentioned earlier about a debt collection license in Georgia. From what I've been able to find, Georgia does not require collection agencies to be licensed.

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I have it all together. The motion to strike and the motion for summary judgment. I have GA case law, lots of it, so much in fact that I had to edit. I think my advantage here is their failure to comply, evasive answers, papers that don't qualify etc. I will share it in detail with everyone when I see how it goes. It is to my benefit that the have provided no documents from the OC. In Ga all pleadings go before a judge only. you have to request an oral hearing if you want one and then the judge can still refuse based on the evidence.

I have read nearly everything I could on Summary judgment in the past few days and I do believe I have a strong case against them to have this dismissed. Especially if I can get it in there before they file the discovery they have neglected.

One question though, do I need to attach a copy of all the papers that I am referring to in these motions or does the judge look at the copies already filed with the court?

I want to get this filed by noon tomorrow so I have already started to compile it, but don't want to "double file" the same stuff unless I am supposed to.

For example if I say "Exhibit A" do I attach a copy of it directly to the motion?

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Oh Well, since I didn't get any feedback, I gave them all the docs that I had. BUT a funny thing happened on the way to the court house. They send an amendment to their screw up... only it wasn't an amendment. It was half of 2 different documents that I have already seen, with enumerations that did not match up, and no amendments to their screw up because it's the wrong document altogether. I added it to my motion to strike before filing it.

IS THERE A LAW AGAINST COMPLETE INCOMPETENCE??????

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Yes, attach everything you reference to your pleading. Look at it this way. Judges are lazy, and work is a dirty four letter word to them.

So make it easy for them, rather than have them dig through the case file to find something.

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Hello colormeruby: Sorry since I am new I can't PM you

As you probably guessed I have been reading, reading and reading this site and have been following your post since I am to in Georgia. My daughter is being sued by this Scum bag firm Midland Funding via Frederick J Hanna and Associates. I formally worked for Consumer Credit Counseling Services so I do know the kind I am dealing with.

Anyway I am trying to handle this stuff and filed my Answer about 30 days ago and then about a week ago she was served with Discovery Documents. I am have the answers for everything but am unsure how to format and such for the Admissions, Interr and Document Production.

Would you be willing to email me your filings for these items (minus your personel info) so that I can copy your format? They are sueing in State Superior Court so I am nervous to make sure I am formatting and such correctly.

Thanks so much

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Not a damn thing has happened. They haven't responded to ANYTHING. Not the Interrogatories, the motion to strike or the motion for summary judgment. Still waiting on the judge to move on it also. They also have not fixed any of the obvious errors. I will keep everyone posted.

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GOOGLE: MIDLAND FUNDING SUED IN MARYLAND

For deceptive business practice.

I received a letter from an attorney in Texas over a year ago on behalf of these clowns. I advised them that Midland has been successfully sued in Maryland for violating both Federal and state law (google for full report) I think Maryland....revoked their license. anyway, it's been well over a year and I've not heard A PEEP FROM MIDLAND OR THEIR ATTORNEY.

You might be able to cite this case in your defense

Good luck !

Edited by Prosay
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Not a damn thing has happened. They haven't responded to ANYTHING. Not the Interrogatories, the motion to strike or the motion for summary judgment. Still waiting on the judge to move on it also. They also have not fixed any of the obvious errors. I will keep everyone posted.

Since they haven't replied, you might consider invoking the doctrine of "silent acquiesent" and further ask the court to consider invoking the doctrine of " acquiesent estoppel" ( I think I spelled correctly)

Basically, their silence is admission that they CANNOT PROVIDE THE DOCS YOU HAVE REQUESTED, and legally have no claim upon which relief should be granted.

If they cannot furnish the documents, then by their filing a complaint in court may be objected to on the basis of "committing fraud upon the court"

or by not furnishing the docs which they have in their possession might be construed as denying you due process. Heck, attack these guys from all directions !

Edited by Prosay
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Okay, they have responded to my motions but have still not complied with interrogatories nor have they responded to the errors that I have pointed out to them and the judge. What to do about this?

They have sent their own MSJ stating I have no case for trial, that they wish to have a hearing without the parties present and want judgment in their favor and have included a blank order for judgment.

They have sent an affidavit of "destroyed documents" INITIALED by a person that seems to be non-existent as I can find no record of said person yet. I also cannot find the notary.

Is there a place to check on notary status and legitimacy?

And what to do with this affidavit as I feel they are using it to get away without having any docs?

Should I send a request for more docs on these 2 people whose names are on these docs so that they can be called as witnesses?

They have attached more docs that have only my name and multiple(why multiple???) account #'s, nothing from the original creditor. They have sent in very VERY poor photocopies( and completely illegible in places) of what appears to be BofA card fee disclosures such as interest rates, but I really cannot read them to make any sense of what it says.

I never did start rule 11 but I am thinking I SHALL now. Also what about motion to compel interrogatories?

Is it too late to counterclaim?

I would love to hear some of your thoughts on where to attack them with this.

Edited by colormeruby
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